State v. Coleman
302 P.3d 860
Utah Ct. App.2013Background
- Coleman pled guilty to two charges and was sentenced in March 2007.
- In August 2012, Coleman moved to reinstate the time to file a direct appeal under rule 4(f).
- Rule 4(f) requires a preponderance showing that the defendant was deprived of the right to appeal.
- A guilty plea generally waives the right to a direct appeal of the conviction, and challenges to the plea must be brought by motion to withdraw prior to sentencing.
- Coleman did not move to withdraw his guilty pleas before sentencing, so review of the pleas on direct appeal was not jurisdictionally available.
- The trial court denied the reinstatement motion; the Utah Court of Appeals affirmed on other grounds, holding Coleman was not meaningfully deprived of his appeal right.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does a guilty plea operate as a waiver of the right to direct appeal? | Coleman argues he was deprived of his right to appeal. | Coleman contends the plea did not extinguish his appeal rights. | Yes, the plea waives direct appeal rights. |
| Is withdrawal of the guilty plea required to challenge it on direct appeal? | To challenge the plea, Coleman must show withdrawal was timely. | The State argues withdrawal is required before review, absent timely withdrawal. | Withdrawal prior to sentencing is required to review the plea on direct appeal. |
| Was Coleman meaningfully deprived of his right to appeal despite the plea waiver? | Coleman asserts deprivation due to ineffective or improper conduct. | Waiver through guilty plea defeats meaningful deprivation. | No meaningful deprivation due to waiver by plea. |
| Did the lack of a timely withdrawal motion deprive the court of jurisdiction to review the plea? | The reinstatement should allow review of the plea issue. | Without timely withdrawal, no jurisdiction to review the plea on direct appeal. | Court lacked jurisdiction to review the plea on direct appeal. |
Key Cases Cited
- State v. Rhinehart, 167 P.3d 1046 (Utah 2007) (plea waives non-jurisdictional defects and direct appeal rights)
- State v. Merrill, 114 P.3d 585 (Utah 2005) (jurisdiction issues when no withdrawal of plea before sentence)
- Manning v. State, 122 P.3d 628 (Utah 2005) (withdrawal prerequisite and reinstatement standards under rule 4(f))
- State v. Kabor, 295 P.3d 193 (Utah App. 2013) (defining meaningful deprivation of the right to appeal)